More and more these days, employees are being asked to sign non-competition and non-solicitation clauses when they get a promotion, a new job or a raise. Employment lawyers like me get consulted often by people who are concerned about the effect that signing these provisions will have on their future if they ever leave the company.
When Jesse was offered the job working for a financial planner she was thrilled. She would be contacting potential clients to book appointments.
QUESTION: I have not received a raise in four years and I am being paid significantly less than the market rate given my position. Is there a law against this?
QUESTION: I have a ten-year employee who has been off for almost three years as a result of a car accident after work hours. The disability insurer is still paying her because it deems her to be totally disabled. Can I end the relationship now or will that get me in trouble?
Today in Ontario workers get 10 personal emergency leave days a year. Two of them are paid, the other eight are not. Employers are not permitted to ask for a doctor’s note to justify any of the first ten days of absence in any calendar year.
There is rarely any upside to an employee to give an employer more than a few weeks notice of their retirement or resignation Things change and you could change your mind when it is too late.
Making changes to someone’s terms of employment is always fraught with dangers for employers. Making those changes after persuading an employee to move their family is even more perilous.
The Ontario Human Rights Code addresses many of the injustices that happen in the workplace but not all of them.
QUESTION: I have been a salaried sales representative with my company for four years. Yesterday I got a letter telling me that as of the end of December, (3 months from now), I am going on straight commission with a whole new compensation plan. Do I have any rights here?
QUESTION: I am trying to return to work from a disability leave. I gave the employer a gradual return to work program provided by my doctor. They are telling me that I have to go and see their own doctor so they can get their own report. The release the doctor sent me does not limit what the company doctor can tell the employer about my personal medical situation. Do I have to sign it?